With the arrival of daylight saving time, and the approach of the April holidays, the paralyzing impact of COVID-19 on the court system should be in the litigative rearview mirror. The challenge for court management is whether there is a sense of a discerned plan to address what many perceive as a revolving door criminal justice system which cycles defendants through court appearances with a discernible lack of agency to either the case or secure any appropriate disposition.
In fairness to the court system, while judges control the court calendar and schedule hearings and trials, it is the lawyers who exercise more control over the pacing of cases. Discovery reform has, like a stick inserted in a bicycle spoke, materially slowed the pace of case processing. Rather than leave evaluating the need for discovery to the defendants, the number of both dismissed cases and cases “given away” to adjournments in contemplation of dismissal and violations are the indicia of the revolving door.
